Gati Kintetsu Express Private Limited, Hyderabad, Hyderabad V. ACIT, Circle-2(2), Hyderabad, Hyderabad

ITA 992/HYD/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7453 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 07-01-2019
• Assessment Year: 2013-2014
• Appeal Filed On: 09-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y V S T SAI
• Keywords: Depreciation; Opportunity of being heard; Bad and doubtful debts

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B ', HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN , ACCOUNTANT MEMBER ITA NO. 992 / HYD/201 7 ASSESSMENT YEAR: 20 1 3 - 14 GATI KINTETSU EXPRESS PVT. LTD., HYDERABAD. PAN AAA TFA 4163D VS. ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 2(2), HYDERABAD. APPELLANT RESPONDENT ASSESSEE BY: S HRI Y. RATNAKAR REVENUE BY: SHRI Y.V.S.T. SAI DATE OF HEARING: 0 7 / 0 1 / 201 9 DATE OF PRONOUNCEMENT: 11 / 01 /201 9 O R D E R PER S. RIFAUR RAHMAN , AM: T H IS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) 2 , HYDERABAD, DATED, 2 8 /0 2 /2018 FOR AY 201 3 - 14 . 2 . IN GROUND NO. 1, THE ASSESSEE CONTENDED THAT THE CIT(A) ERRED IN ARBITRARILY DISMISSING THE APPEAL AND CONFIRMING THE ASSESSMENT ORDER DATED 31/03/2016 COMPUTING THE TOTAL INCOME AT RS. 26,95,94,880/ - . 3. CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. ON PERUSAL OF ORDER OF CIT(A), WE FIND THAT THE CIT(A) EXTRACTED THE FINDINGS OF AO AND SUBMISSIONS OF ASSESSEE IN HIS ORDER AND CONFIRMED THE ORDER OF AO. WHILE CONFIRMING THE ORDER OF AO ON THE ADDITIONS MADE I.E. DISALLOWANCE OF DEPRECIATION ON GOOD WILL AND DISALLOWANCE OF BAD DEBTS AND IRRECOVERABLE BALANCES WRITTEN OFF, WE FIND THAT I.T.A. NO. 992 /H/1 7 GATI KINTETSU EXPRESS PVT. LTD., HYD. 2 THE CIT(A) WITHOUT GIVING ANY FINDING ON THE ISSUES CONFIRMED THE ORDER OF AO. THE PROVISIONS OF SECTION 250(6) OF THE ACT REQUIRE THE COMMISSIONER (APPEAL) TO DISPOSE OF THE APPEAL IN WRITING WITH REASONING. BUT, WE FIND FROM THE IMPUGNED ORDER OF LD. CIT(A) WHO CONFIRMED THE ORDER OF AO WITHOUT DECIDING THE SAME ON MERIT. THEREFORE, IN THIS VIEW OF THE MATTER, WE ARE INCLINED TO REMIT THE MATTER BA CK TO THE FILE OF LD. CIT(A) WITH THE DIRECTION TO DECIDE THE ISSUE S RAISED BY ASSESSEE ON MERIT WITH PROPER REAS ONING AFTER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO ASSESSEE. THUS, THE GROUNDS RAISED BY THE ASSESSEE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 4. I N THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 11 TH JANUARY , 201 9. SD/ - ( P. MADHAVI DEVI ) JUDICIAL MEMBER SD/ - ( S. RIFAUR RAHMAN ) ACCOUNTANT MEMBER HYDERABAD, DATED 11 TH JANUARY , 201 9. KV COPY FORWARDED TO: 1. GATI KINTETSU EXPRESS PVT. LTD., PLOT NO. 20, SURVEY NO. 12, KOTHAGUDA, KONDAPUR, HYDERABAD 8 4 2 . AC IT, CIRCLE 2(2), 5 TH FLOOR, SIGNATURE TOWERS, KOTHAGUDA, KONDAPUR, HYDERABAD. 3 . CIT (A) - 2 , HYDERABAD 4. PR. CIT 2 , HYDERABAD 5. THE DR, ITAT, HYDERABAD 6. GUARD FILE I.T.A. NO. 992 /H/1 7 GATI KINTETSU EXPRESS PVT. LTD., HYD. 3 S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER